Every now and then we need a reminder to illustrate the dangers of misclassifying employees as "independent contractors." Last week, the Montana Supreme Court provided such a reminder, ruling that exotic dancers were employees, not independent contractors. Click here to read the opinion in Smith v. TYAD Inc. d/b/a Playground Lounge & Casino.
In Playground, the
Another slow news day, another fun case: the Texas Court of Appeals affirmed summary judgment in favor of Frito Lay, Inc. and against a former route sales representative who was fired for using his saliva to remove the "best before" dates from expired products. Click here to read the decision in Cantu v. Frito Lay,
The latest news on the Employee Free Choice Act (EFCA) is a possible compromise in which EFCA’s card-check provision is replaced by a "quickie election" procedure – where an election must be held a very short time (a week to three weeks) after the union requests one from the National Labor Relations Board (NLRB). Another possible
Today the U.S. Supreme Court held that an employer does not violate the Pregnancy Discrimination Act (PDA) if it pays pension benefits based in part on pre-PDA calculations that gave employees less retirement credit for pregnancy leave than for other types of medical leave. Click here to read the Court’s decision in AT&T Corp. v. Hulteen
The Obama Administration has released its fiscal year 2010 budget request. Among the items are several increases for the federal agencies that oversee labor and employment matters. Here are some highlights:
The Equal Employment Opportunity Commission (EEOC) has issued two helpful resources for employers coping with the Swine Flu outbreak. First, the Commission has issued this technical assistance document on ADA-Compliant Employer Preparedness For the H1N1 Flu Virus. It answers basic questions about workplace preparation strategies for the 2009 H1N1 flu virus (swine flu) that are
A bill introduced in the United States Senate late last month will, if passed, prohibit mandatory, pre-dispute arbitration agreements in employment. Senate Bill 931, also known as the Arbitration Fairness Act of 2009 (AFA) was introduced by Sen. Russ Feingold (D-Wis.) and seven co-sponsors. A similar bill, HR 1020, was introduced in the House of
Judith Warner wrote this interesting editorial in today’s New York Times on how the Swine Flu may force changes in sick leave policies. Warner concludes by advocating for the Healthy Families Act, which would require employers who employ 15 or more employees to provide up to 7 paid sick days per year. This flu
The U.S. Government has set up this new website, PandemicFlu.gov, to provide "One-stop access to U.S. Government swine, avian and pandemic flu information." It has posted a great deal information to help employers and employees reduce the risk of infection on its workplace planning page.
The Centers for Disease Control has posted this H1N1 Flu
After some delay, here it is: the 2009 IRS Form W-4, Spansh Version (click to download). Click here instead if you need the 2009 IRS Form W-4 in English .
Also, you can click to download the current Form I-9 (Employment Eligibility Verification) in Spanish. Note, however, that the Spanish version may be filled out